OpenX Ad Exchange Demand Policy

Effective: October 21, 2021

Introduction

OpenX prides itself on quality.  This characteristic is the foundation for our OpenX Ad Exchange Demand Policy (“Demand Policy”), which obliges our advertising partners to meet certain minimum standards in the delivery of ads that we help deliver to our publishers and the compliance with relevant laws. 

Your use of OpenX’s advertising web-based marketplace, known as either an exchange or a supply side platform (“OpenX Ad Exchange”) is governed by your contract with OpenX, which requires compliance with this Demand Policy as it may be updated by OpenX from time to time. If you do not agree to comply with the Demand Policy, notify us immediately and do not use or continue to use the OpenX Ad Exchange.

OpenX may update this Demand Policy at any time by posting notice of such changes at its website or by otherwise providing notice. By using the OpenX Ad Exchange following such posting or notice, you agree to any updated version of this Demand Policy.

If you have any questions about any of the sections below, or any other questions about your advertising on the OpenX Ad Exchange, please contact your Account Manager.

Permitted vs. Prohibited Creatives

Permitted Creatives

The OpenX Ad Exchange welcomes a wide variety of ads, including display, mobile and video, on a variety of platforms.

Ads must respect the requirements of the publisher (e.g., auto play, sound on/off, ad duration) as communicated in the bid request.

Before an initial campaign delivery, you are required to scan your creatives and associated landing pages for malware and other related threats using an approved third party service (e.g., The Media Trust, GeoEdge, Confiant, or AdLightning).

Prohibited Creatives

There are certain types of ads that we do not permit because they create an unwelcome or deceptive environment for the user.  For example, you may not send us ads that:

  • Automatically redirect the user to a new page or app;
  • Automatically refresh;
  • Contain annoying or distracting images, or excessive animation;
  • Contain audio in a display ad that is triggered by anything other than a click (such as auto-play or rollover-initiated audio); 
  • Employ phishing techniques or seek to trick the user into providing sensitive information by misrepresenting the identity of the advertiser;
  • Employ deceptive practices to encourage or trick the user into clicking on the ad;
  • Expand beyond their original size;
  • Initiate a download;
  • Install spyware, trojans, viruses or other malware;
  • Mimic system errors or messages; and/or
  • Pop-up upon banner open or upon page exit.

Permitted Domains

OpenX will only deliver advertisements to domains that are in compliance with the Better Ads Standards developed by the Coalition for Better Ads. For more information, see https://www.betterads.org/.

Prohibited Content

Brands can feature many types of content on the OpenX Ad Exchange appealing to every demographic and geography.  Some types of content are prohibited throughout the Ad Exchange and others (including ads in the categories listed below) may be restricted (or illegal) only in certain territories. Please confirm in writing with your Account Manager before placing ads in certain territories and discuss appropriate territorial restrictions with your Account Manager.  In certain situations, we may request to see the creative and you will need prior written approval before initiating a campaign. Also, see Content Prohibited for Minors and Restricted Content for further details on additional restrictions that may be required for such ads.

Prohibited Content

OpenX will not accept ads that:

  • Are misleading or contain content that is not reflective of what the user will find on the clickthrough URL;
  • Promote hacking, cracking, or warez;
  • Contain profanity;
  • Promote or contain libel or fraud;
  • Incite hatred of any race, religion, creed, class or ethnic group, or of any individual or group;
  • Infringe intellectual property rights;
  • Promote P2P file-sharing, torrent, or anything that facilitates or promotes copyright infringement;
  • Sell or promote electronic cigarettes or vaping devices;
  • Sell or promote illegal drugs, drug paraphernalia, or ways to pass a drug test;
  • Contain nudity or suggestive content or images;
  • Promote adult products, including sex toys and sexual enhancers;
  • Promote adult-themed dating, escort services, “mail-order brides,” or similar services;
  • Promote fireworks;
  • Sell or promote firearms, ammunition, bombs or other weapons, or related design materials, including handgun safety certificates and BB guns;
  • Describe, depict, or glorify pain, suffering, torture, violence or death of or against humans or animals; 
  • Promote any other products, services, or content that are illegal, promote harmful activity, or infringe on the rights of others. This includes sites that provide “how-to” information on bomb-making, lock-picking, and similar topics;
  • Violate any applicable law, regulation, governmental rule or court order or which contain content that is otherwise harmful or illegal.

Content Prohibited for Minors

In certain territories, depending on the jurisdiction, your ability to use personal data to target ads or properties to minors under the age of 18 might be restricted or prohibited.  In addition to the prohibitions listed above, you cannot use the OpenX Ad Exchange for ads that promote products that are generally prohibited to minors. Please check with your Account Manager before placing any ads that may have such restrictions.

Restricted Content

While content may be allowed in certain territories, it may be subject to further restrictions.  For instance, political ads and ads related to tobacco and related products may be subject to various restrictions and standards that you are required to observe, including, but not limited to, local law requirements and the DAA’s Self-Regulatory Principles on Political Advertising. Please check with your Account Manager before placing any ads that may have local restrictions.                                 

Recommended vs. Prohibited Practices

  • You may only purchase inventory for use directly by an advertiser (or direct agent of an advertiser) with which you have a direct relationship. 
  • Reselling, distributing or otherwise sub-syndicating inventory to another indirect sales channel (e.g., another ad network or trading desk) is prohibited.
  • You may not create targeting profiles or segments or use any targeting profiles or segments to show ads to users if such profiles or segments may lead to discriminatory treatment of a user (including but not limited to ads in relation to housing, credit, insurance, and employment).
  • You will comply with the applicable Digital Advertising Alliance (DAA) Self-Regulatory Principles published at www.aboutads.info and, as applicable, with the IAB Europe EU Framework for Online Behavioural Advertising and the EASA Best Practice Recommendation on Online Behavioral Advertising, which are administered by the European Interactive Digital Advertising Alliance and published at www.edaa.eu. You shall also comply with the enhanced notice obligations applicable to Third Parties as defined in the DAA Self-Regulatory Principles.
  • When syncing cookies with OpenX, you will not add or drop any 3rd party pixels without the express written approval of OpenX, email sufficing. If consent is given, it will be limited to pixels placed by data management platforms or other approved data providers.
  • You shall comply with, and agree that your ads and your use and transfer of any data will comply with, all applicable laws, including but not limited to the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the UK’s Data Protection Act 2018 (“UK GDPR”), the Children’s Online Privacy Protection Act and the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, the “CCPA”).
  • If OpenX transfers “personal information” (“PI”) as defined by the CCPA to you, you agree to the following terms (and, if you transfer PI to OpenX, OpenX agrees to reciprocal terms): 
    • you will only use the PI for purposes specified in any written agreement you’ve entered into with OpenX;
    • you will comply with applicable obligations under the CCPA and provide the same level of privacy protection as is required by CCPA;
    • you will allow OpenX to take reasonable and appropriate steps to help to ensure that you use the PI transferred in a manner consistent with OpenX’s obligations under the CCPA;
    • you will notify OpenX if you make a determination that you can no longer meet your obligations under the CCPA;
    • you will grant us the right, upon prior notice, to take reasonable and appropriate steps to stop and remediate unauthorized use of PI.
  • The terms “controller”, “data subject”  “personal data”, “processing”, “processor” and “special categories of personal data” shall have the meaning set out in GDPR or, where the GDPR does not apply, shall have the meaning of equivalent definitions set out in other applicable privacy or data protection laws.
  • Although OpenX Poland sp. z o.o is not a billing entity of OpenX, it is the OpenX entity that is responsible for taking decisions related to OpenX’s processing of personal data collected in the EEA, Switzerland and UK. Irrespective of the OpenX entity identified in your terms with OpenX, you acknowledge that OpenX Poland sp. z o.o. is a controller of EEA, Swiss and UK personal data processed within the OpenX Ad Exchange, and that obligations on you under this Demand Policy to notify OpenX or to provide information to data subjects relating to the processing carried out by OpenX shall be owed to OpenX Poland where this relates to data subjects in the EEA, Switzerland or UK. OpenX Technologies Inc. will be a business, controller or equivalent entity of personal data in regions other than EEA, Switzerland or UK, processed within the OpenX Ad Exchange.
  • Both you and OpenX are controllers for personal data processed within the OpenX Ad Exchange. OpenX is responsible for the processing of personal data within the OpenX Ad Exchange, whereas you are responsible for the processing of personal data shared with you, including ensuring all required notices in respect of the data you share or receive are provided to individuals. You shall only use the personal data passed to you for the purposes of making use of the OpenX Ad Exchange in accordance with this Demand Policy and in compliance with applicable laws. Where you receive a request from a data subject to exercise their rights under data protection law in relation to the processing of their personal data within the OpenX Ad Exchange, you shall pass this request to OpenX to resolve.
  • Because OpenX Poland sp z o.o. is the data controller of EEA, Swiss and UK data, it is responsible for any onward transfer of that data outside of the EEA, Swiss or UK. Where it is required to enter into appropriate data transfer terms, for example where it sends data to OpenX Technologies Inc., then it has ensured that appropriate and adequate data transfer measures are in place. Where OpenX transfers EEA, Swiss or UK personal data to you, (for example, where personal data is provided to you through the OpenX Exchange as part of a bid request), and where you are located in a country where OpenX is required to enter into a data transfer agreement with you to ensure this personal data is adequately protected, you must comply with the applicable obligations under our European Data Transfer Terms, which make up part of this Demand Policy.

Miscellaneous

At OpenX’s sole discretion, OpenX may assess a surcharge for any violation of this Demand Policy and/or immediately terminate your access to the Ad Exchange (in addition to any other legal or contractual remedies). If OpenX assesses a surcharge, we will use our reasonable discretion to set the amount of the charge, taking into account the nature of the violation, the additional work and expense OpenX incurred in dealing with the violation, and the harm done to the OpenX Ad Exchange, OpenX’s reputation and/or to other OpenX clients.